English Legal System: Juries Flashcards

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1
Q

What is a jury?

A

A group of 12 people selected to decide the outcome of a defendant whether they are guilty or not guilty.

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2
Q

What case firmly establishes that the jury are soul arbiters of fact and the judge cannot challenge their decisions?

A

Bushell’s case 1670: The Court of Common Pleas held that a jury may not be punished for returning a verdict contrary to a court’s direction.

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3
Q

What are the qualifications required to be a juror?

A

Aged between 18 and 75

Registered as a parliamentary or local government elector

A resident of the UK

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4
Q

What can disqualify people from jury service?

A

Those who have been imprisoned for life or for Public Protection

Those who suffered from a mental illness or psychopathic disorder

Those who are on bail

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5
Q

Who has the right to be excused from jury service?

A

Members of the forces

Police officers

Members of Parliament

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6
Q

Who can apply for a discretionary excusal?

A

Those who have hospital appointments

Those who have exams

Those who have booked holidays

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7
Q

What is lack of capacity?

A

When a judge may discharge a person from being a juror for the inability to cope with the trial

for example not being able to speak English adequately or someone who is blind.

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8
Q

How are jurors selected?

A

At random from the electoral registers, from the area which the court covers.

Those summoned must notify the court if there is any reason why they should not or cannot attend.

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9
Q

What is the penalty for not turning up to court for jury service?

A

A fine up to £1,000

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10
Q

What are the two types of vetting?

A

Police checks that are made on prospective jurors to eliminate those disqualified

Wider background checks

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11
Q

What are the guidelines of vetting?

A

Vetting should only be used in exceptional cases involving national security and terrorists cases.

Vetting can only be carried out with the attorney-general’s permission.

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12
Q

What are the rights that both the prosecution and defence have to challenge one or more other jurors?

A

To the array, which is a right given by section 5 of the Juries Act 1974 to challenge the whole jury on the basis that it has been chosen in an unrepresentative way.

For cause, which involves challenging the right of an individual juror to sit on the jury for example if they are disqualified.

The prosecution’s right to allow the Juror who has been stood by to not be used on the jury unless there are not enough jurors.

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13
Q

What is directed acquittal?

A

Where a judge decides there is insufficient prosecution evidence to allow the case to continue, so the jury is directed to find the defendant not guilty.

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14
Q

What is the majority verdict ratio that can be accepted?

A

10:2 or 11:1

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15
Q

What are the advantages of using juries?

A

Since juries are not legal experts they are not bound to follow the president of past cases and do not need to give reasons for their verdict.

The random selection leads to an impartial jury as juries will have different prejudices and so should cancel out each other’s biases.

The secrecy of the jury room protects the jurors from outside influences when deciding on verdicts that may be unpopular with the public.

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16
Q

What are the disadvantages of using juries?

A

The jury can ignore unjust law known as a perverse decision. For example in R v Randle and Pottle 1991 the jury acquitted them possibly as a protest over the time lapse between the offence and the prosecution.

Media coverage may influence jurors for example in R v Taylor and Taylor 1993 some newspapers published photos of a video which gave a false impression of what was actually happening.

Jurors may not understand the case and the judge’s directions.